Aktiv Krapital

[majorclanger100]

I SAR'd those cheeky little monkeys at Aktiv some time ago for an old HFC debt - primarily to find out about charges.

 

Unsurprisingly Aktiv applied their usual levels of customer service and failed to comply - cue lots of standard threatograms from them and some increasingly exasperated letters back from me . Eventually I received some information from them, but not all of it. The statements they included are only for the past two years, whereas I asked for those going back to the beginning of the agreement in 2000. They then said ' we only took over the account in 2005 so you should have contacted HFC to get the earlier statements. However in order to assist you we enclose these' - but of course they didn't.

 

Should I now SAR HFC for the earlier statements, or as Aktiv clearly have them, keep bothering the monkeys?

 

Many thanks, MC

[Penfold92]

I S.A.R - (Subject Access Request)'d those cheeky little monkeys at Aktiv some time ago for an old HFC debt - primarily to find out about charges.

 

Unsurprisingly Aktiv applied their usual levels of customer service and failed to comply - cue lots of standard threatograms from them and some increasingly exasperated letters back from me . Eventually I received some information from them, but not all of it. The statements they included are only for the past two years, whereas I asked for those going back to the beginning of the agreement in 2000. They then said ' we only took over the account in 2005 so you should have contacted HFC to get the earlier statements. However in order to assist you we enclose these' - but of course they didn't.

 

Should I now S.A.R - (Subject Access Request) HFC for the earlier statements, or as Aktiv clearly have them, keep bothering the monkeys?

 

Many thanks, MC

 

Hi MC,

 

Let me get this right you sent the SAR to these guys for what reason? The SAR has the purpose to show the account and charges thereon. Not being funny, but generally by the time these debts get to these guys they do not add anything else on as the debt has gone past a certain timescale. I could be wrong, but I always thought that interest and charges could only be charged by the agreement holder.

 

If you are looking for old statements then yes you would need to do that to HFC. If you wanted to get out of paying or check whetehr they had the agreement then that is different and you shoudl be sending the CCA letter. That is letter N I think on here:

 

http://www.consumeractiongroup.co.uk/forum/general-debt/20758-creditors-dcas-letter-templates.html

 

The debt collectors may not have this and may need to check/ speak to HFC. This is not a worry to you as after 12 days they are in default and then a further 30 days is a criminal offence. This will work in your favour as you do not need to pay them anything whilst the debt is in dispute...

 

I hope this helps or clears things up a little for you,

 

Good luck,

 

Penfold

[majorclanger100]

Hi Penfold,

 

Thanks very much for your post - it has caused me to consider some interesting issues!

 

Basically this is an old HFC account for Time, which we've been paying for donkey's years. We bought a dishwasher for £250 back in 2000 and didn't miss a payment until 2005 when I actually received a statement and noticed the balance was £550! We have never purchased anything else since the dishwasher and can't remember the APR being at loan shark rates, so assume that either there has been a horrible mistake or mystery charges. HFC have never been able to provide us with a reason why the balance is what it is. We stopped paying, pending resolution - at which point they appointed Aktiv Krapital.

 

I CCA'd Aktiv and they responded with a copy of the dishwasher agreement, which seems to be fine. I then SAR'd them for account statements, and received them from May 2005, which is the date they claim they took over. There are charges since May 2005, applied by AK, as the 'debt' has now risen to £750. It is a good point you make that AK should not be applying them .

 

All I want to get hold of is account statements from 2000 to see what has happened here - AK claim they have access to these statements and keep telling me they've enclosed them with their letters, but haven't. I suppose the best thing to do is just SAR HFC and see if that works?

 

Cheers, Phil

[Penfold92]

yup, put the whoel thing in dispute and explain that you want clarification of how £250 has ended up to £750 and you have been making payments...

 

Feel free to click the scales...LOL

 

Penfold

[majorclanger100]

LOL thanks Penfold,

 

Have done

[Penfold92]

Thanks mate much appreciated yell if need any help with anything else...

 

Penfold